The South African Police Service (SAPS) is entrusted with obligations and responsibilities in terms of the South African Police Service Act 68 of 1995 (as amended) to, inter alia, “A member who is obliged to perform an official duty, shall, with due regard to his or her powers, duties and functions, perform such duty in a manner that is reasonable in the circumstances”, as per Section 13 (3) (a).
Section 13 (4) provides that “Every member shall be competent to serve or execute any summons, warrant or other process whether directed to him or her or to any other member”.
In domestic violence matters, the SAPS has an important role to play and accepting that the mandate of the police is to assist members of the public to fight and report crime, this article will outline the basic role that the SAPS plays so that one may be able to request and expect the attendance of the SAPS where they are mandated to assist.
Any member of the South African Police Service must, at the scene of an incident of domestic violence or as soon thereafter as is reasonably possible, or when the incident of domestic violence is reported- (a) render such assistance to the complainant as may be required in the circumstances, including assisting or making arrangements for the complainant to find a suitable shelter and to obtain medical treatment;
The above are but some of the responsibilities of the SAPS in domestic violence matters as per the Act. Complainants therefore, may request and expect the SAPS to assist them in the above situations.
Our family law department legal practitioners are seasoned in protection order matters, whether applying for or defending one. Whether you are the applicant or respondent, you are welcome to Contact us for comprehensive assistance.
The information and material published on this website is provided for general purposes only and does not constitute legal advice. We make every effort to ensure that the content is updated regularly and to offer the most current and accurate information. Please consult one of our lawyers on any specific legal problem or matter. We accept no responsibility for any loss or damage, whether direct or consequential, which may arise from reliance on the information contained in these pages.
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